GENERAL TERMS AND CONDITIONS FOR ONLINE SHPPING FROM CUSTOMERS
§ 1 SCOPE
If no other written arrangements have been made, the following terms and conditions apply for the contractual parties.
a. Our contractual partner agrees that in case of doubt and using the terms and conditions of the contractual partner, the present terms and conditions apply, even without contradiction to the terms and conditions of the contractual partner.
b. Actions that we take which are part of our contractual duties do not count as an approval to contract conditions deviating from our conditions. If there are any uncertainties on the interpretation of the contract, they must be cleared in a way that there is agreement on the content which is usually agreed on in comparable cases.
§ 2 CONCLUSION OF CONTRACT
2. All of our offers are non-binding. The contract is only valid after order confirmation by us. If we do not respond within 14 days of receiving the offer from the consumer, no contract is established and the customer thus is not bound to their offer.
§ 3 COST ESTIMATE, INTELLECTUAL PROPERTY
Our written cost estimates shall be prepared according to best expert knowledge; however, the contractor cannot assume any liability for its accuracy.
a. If costs increase by more than 15% after the contract is awarded, the contractor will immediately inform the contractual partner of this.
b. If cost increases of less than 15% are unavoidable a notification is not necessary and the adjusted fees may be charged accordingly.
c. Cost estimates are chargeable. An already paid remuneration for the cost estimate will be credited, if the order is a result of this cost estimate.
d. Plans, sketches, cost estimates and other documents such as brochures, catalogues, samples, presentations and alike, which have been created through our contribution, remain our intellectual property. All other uses, particularly forwarding them or making them available in any other form including (partial) copying to third parties, require the express prior written consent of the right holders.
e. All the documents listed above can be recalled by us at any time and must be returned to us without delay and without prompting if the order is not placed.
f. The contractual partner undertakes not to disclose any information obtained in the course of his business relationship whatsoever to any third parties. A standard withdrawal form can be obtained via this Link however, it does not stipulate that this form must be used. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.
§ 4 PRICING, COSTS, LASTING VALUE
4. In the case of consumer business, any prices mentioned by us include VAT.
a. If the invoice has not been disputed within four weeks, it counts as approved.
b. We are expressly entitled to partially invoice, if the performance has been made in parts.
c. Stability of value of all initial and additional claims is agreed. The measure of calculating the fee shall be the Consumer Price Index published monthly by the Austrian Central Office for Statistics (VPI 2010 = 100), or an index replacing the CPI. The index figure calculated for the month of the conclusion of the contract serves as reference point. Upward and downward fluctuations of the index number up to and excluding 5 % shall be ignored. This range shall be recalculated each time it is exceeded; the first index number beyond the limit shall represent the base for the rest of the amount receivable, as well as for the calculation of the new limit. The resulting amounts must be commercially rounded.
d. In the case of consumer transaction (and if not agreed on in particular), no price changes will be charged in the first two months after contract conclusion.
§ 5 SERVICE PROVISION DATE
5. Unless agreed otherwise, our requests for payment are to be paid on schedule against handover of the goods/service provision. Any discount shall be granted because of a written agreement only.
a. In the case of payment per invoice, the purchase price/work wage must be paid within seven days after receipt of the invoice without any discount and free of charges.
§ 6 DEFAULT
6. In the case of payment after the due date (if the customer is consumer in the sense of the “KSchG”), interest shall be payable at a rate of five percent per annum above repo rate; claims for proven higher interest shall hereby not be affected.
a. In the case of payment after the due date (if the customer is NO consumer in the sense of the “KSchG”), interest shall be payable at a rate of 14 percent per annum above repo rate
§ 7 CANCELLATION POLICY
7. You have the right of cancellation within 14 days without providing reasons. We offer sealed hygenical goods, thus the right of cancellation is invalid in case of broken sealing. The period of right of cancellation is 14 days beginning from the day of possession of the goods by you or an entitled third party, who is no carrier. To exercise your right of cancellation, you have to inform us about your wish to withdraw this contract via a clear declaration (e.g. letter, telefax, e-mail):
Pharmawell GmbH, Khleslplatz 1, 1120 Wien – E-Mail: firstname.lastname@example.org – Fax: 0043 (0) 1 804 33 77 – 5
A standard withdrawal form can be obtained via this Link , however, it does not stipulate that this form must be used. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.
consequences of cancellation: in case of cancellation of this contract we must refund you any payments received from you including shipping fees (except of additional costs resulting from shipping methods other than the cheapest and recommended method by us) without delay and no later than within 14 days beginning from the day of receipt of your cancellation.
We can refuse any refunding until the receipt of the goods or until the receipt of proof of returning the goods, dependant on what is the earlier date. For this refund we use the same payment method as used at your initial transaction, unless agreed on with you otherwise; you will never face charges because of a refund. If you chose the payment method “cash on delivery”, we refund the money on your bank account. You must send back the goods to us (address see above) or bring back the goods to us without delay and, in any case, until latest within 14 days beginning from the day of receipt of your cancellation notice. The deadline is met if you send the goods before the expiration of the deadline of 14 days. You shall bear the costs of return of the goods. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
§ 8 SHIPPING, RISK ASSUMPTION, SHIPPING FEES
8. Additional shipping fees may be payable; you must receive prompt information from us. We will carry the risk of the transport, if the contractual partner has not concluded the transport contract himself, without using one of our chosen options.
a. If the contractual partner is in default of acceptance, we are entitled to store the goods and charge a storage fee of EUR 3 per day.
b. If the delivery is impossible within the deadline because the customer is not available at the address stated by them, or because the acceptance of the goods is denied, the customer will be charged for the failed delivery.
§ 9 RETENTION OF TITLE, TRANSFER OF OWNERSHIP
9. The supplied goods remain our property until the complete payment of all open claims. Resale is only permitted if we are informed previously about the reseller including name/company and the exact (company-) address and agree on the resale.
In the case of approval, the purchase price is deemed to have already been assigned to us and we are entitled to inform the customer about this transfer.
In case of delay we are entitled to assert our rights arising from reservation of title. It is agreed that withdrawal and/or exercise of the retention of title is no cancellation of the contract. A withdrawal from the contract shall only be present, if we have expressly explained this.
§ 10 CHANGES OF SERVICE OBLIGATION
10. Justified and appropriate changes in our performance obligation shall be tolerated by the contractual partner. Justified and appropriate changes regarding the delivery date can be done by us. We will inform you about the actual delivery date – the latest one week before the initial delivery date – as soon as we can estimate the exact date.
§ 11 WARRANTY, LIABILITY
11. Apart from those cases, in which by law the right to exchange exists we reserve the right to fulfil any warranty claim in accordance with our choice of either improvement, exchange or reduction in price.
a. The contractual partner shall always prove that the defect existed as of the delivery. The purchaser shall indemnify defects which exist at the point of delivery of the contract product and during the warranty term pursuant to the legal provisions. The seller is not liable for any damage which did not arise from the delivered goods. The seller shall have no liability for loss of profits or other property damage of the customer. If an exchange of the damaged good is not possible since the product is out of stock or is no longer listed, the customer can cancel the contract.
§ 12 DAMAGES
12. No compensation claims may be brought in cases of minor negligence. This directive does not apply to cases of personal injury or for damage to parts taken on for further processing, unless the latter was negotiated in detail.
§ 13 PRODUCT
13. Contractual partners and third parties may not bring general compensation claims against us for product liability within the meaning of “Produkthaftung” iSd PHG, unless they are alleging that Pharmawell caused the damage and was at least seriously negligent.
§ 14 WAIVER OF SETOFF
14. The contractual partner renounces the possibility of waiver of setoff. This is not valid for customers in the case of insolvency of us as well as counterclaims which stands in connection with our legal claim or is judicially ascertained or accepted by us. In these cases, the customer has the right of waiver of setoff.
§ 15 RETENTION OF THE INVOICED SUM
15. Justified customer complaints do not entitle the customer to retain the entire balance of the invoice, only an appropriate part.
§ 16 FORMALITIES
16. Explanations, announcements, notifications etc. directed to us – excluding notices of defect – must be in written form to be legally valid, thus also with original signature or in verified electronic format with electronic signature.
§ 17 CHOICE OF LAW
17. Austrian substantive law shall apply, with the application of the UN Convention on Contracts for the International Sale of Goods (UNCITRAL) being excluded by mutual agreement. Contract language is German.
§ 18 CHOICE OF COURT AGREEMENT
18. The legal venue for all disputes arising in connection with this contract against a consumer having his place of residence, normal domicile or place of employment within the country shall be one of the courts of the district where the consumer has his place of residence, normal domicile or place of employment. For consumers who are at the time of conclusion of the contract not domiciled or habitually resident in Austria, the statutory jurisdiction applies.
a. In all other cases, it is agreed that the competent court for the headquarter of the seller is the place of jurisdiction.
§ 19 SEVERABILITY CLAUSE
19. If any individual provisions in this agreement are or become ineffective, the effectiveness of the other provisions will not be prejudiced thereby. The invalid, unenforceable or missing provision shall be replaced by a proper and legally valid provision which comes closest to the economic intent of the parties had they considered the invalidity, unenforceability or incompleteness. The existing provisions apply accordingly in the event that the contract is shown to have omissions.
§ 20 IMPRINT, OPERATOR OF THE ONLINE SHOP
20. Pharmawell GmbH, Khleslplatz 1, 1120 Vienna, Austria – Europe
Value added tax identification number: ATU65094523
Commercial registry number.: FN 330235 s
§ 21 COPYRIGHT AND BRAND PROTECTION
21. Copyright by Pharmawell GmbH. All rights reserved.
All elements (texts, pictures, graphics, animations) on the Pharmawell web site are copyright protected and are subject to the statutes protecting intellectual property. Further use is only permitted with the written consent of Pharmawell GmbH.
§ 22 DISCLAIMER
22. All the information published on our site has been compiled to the best of our knowledge and belief. Nevertheless, without admission of any guarantee for the correctness and strictly subject to copyrights. Nevertheless, we do not guarantee warranty (neither express nor implicit) that the data and published on the Website are correct, accurate, complete, true and up-to-date. Liability, especially for possible damage or consequences arising from the use of this product information, is excluded. Pharmawell GmbH reserves the right to modify or to correct the contents of this site at any time, and it, without notice.
§ 23 SHIPPING FEES
Shipping fees Austria: 3,96 € – free shipping at an order value over EUR 45
§ 24 PAYMENT METHODS
§ 25 GOOGLE ANALYTICS DISCLAIMER
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